2 Indians in court for forgery of trademark

Two Lusaka businessmen of Indian origin today appeared in the Lusaka Magistrate Court charged with importation and sale of forged trademark for panado tablets.

Imiran Patel and Kalpesh Patel have however pleaded not guilty to four different counts before Resident Magistrate Aridah Chulu.

Each of the tow is charged with two counts for importing and sale of forged panadol tablets that resembled the trade mark for panado for Pharmanova Zambia Limited.

In the first count, Imiran Patel is charged with forgery of trademarks and other acts prohibited contrary to section 5 (i) (g) and section 23 of the merchandise marks Act chapter 405 of the laws of Zambia.

It is alleged that the accused on February 14, 2014 had in his possession one packet of 1, 000 panado tablets and 56 boxes of 1,000 panado tablets each bearing a trade mark that resembles that of panado, a product of Pharmanova Zambia Limited.

In count two, he is charged with prohibition sale of goods bearing forged trade mark contrary to section 6 (i) (b) and section 23 of the merchandise marks Act chapter 405 of the laws of Zambia.

In this count, Imiran is alleged to have on February 14, 2014 sold goods namely 56 boxes containing 1,000 tablets of panado which had a forged trademark applied to it.

And in the third count, Kalpesh Patel is facing a charge of importation of certain goods prohibited contrary to the laws of Zambia.

He is alleged to have on unknown dates but in February 2014 imported into Zambia panado tablets which had a trademark that nearly resembles that of panado trademark, a product of
Pharmanova Zambia Limited.

In the forth count, Kalpesh Patel is charged with falsely representing a trademark as registered contrary to section 69 (i) (a) of the trademark Act chapter 401 of the laws of Zambia.

The accused is alleged to have on February 14, 2014 made a representation of panado trademark which was not a registered trademark to the effect that it was a registered trademark.

The accused persons, who are not being defended by any lawyer, are on police bond.

And after the court recorded a plea of not guilty for both accused persons on all the four counts, the magistrate adjourned the matter to June 3, 2014 for mention and July 21, 2014 for commencement of trial.